Com. Sub. for S. B. 165, Simplifying state higher education tuition and fee system; on
second reading, having been postponed until this time, was, at the request of Delegate Varner, and
by unanimous consent, laid over one day.

At the request of Delegate Varner, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:

Your Committee on Finance has had under consideration:S. B. 714, Expiring funds to unappropriated balance of general revenue from insurance
commission fund,

S. B. 715, Expiring funds to unappropriated balance of general revenue from public service
commission,

S. B. 526, Making supplementary appropriation of public moneys from unappropriated
surplus balance in general revenue to division of rehabilitation services,

And reports the same back with the recommendation that they each do pass.

At the respective requests of Delegate Varner, and by unanimous consent, the bills (S. B. 714,
S. B. 715, S. B. 526 and S. B. 713) were taken up for immediate consideration, read a first time and
then ordered to second reading.

On motions for leave, bills were introduced (Originating in the Committee on Finance and
reported with the recommendation that they each do pass), which were read by their titles, as
follows:

By Delegates Michael, Foster, Warner, Boggs and Susman:

H. B. 4764 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending June 30, 2004, to the public service commission-
gas pipeline division, fund 8624, fiscal year 2004, organization 0926, all supplementing and
amending the appropriation for the fiscal year ending June 30, 2004,"

And,

By Delegates Michael, Proudfoot and Frederick:

H. B. 4765 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending June 30, 2004, to the public service commission,
fund 8623, fiscal year 2004, organization 0926, all supplementing and amending the appropriation
for the fiscal year ending June 30, 2004."

At the respective requests of Delegate Varner, and by unanimous consent, the bills (H. B.
4764 and H. B. 4765) were taken up for immediate consideration, read a first time and then ordered
to second reading.

Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:

Your Committee on the Judiciary has given further consideration to:Com. Sub. for S. B. 271, Relating to racial profiling data collection,

And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.

In the absence of objection, reference of the bill (Com. Sub. for S. B. 271) to the Committee
on Finance was abrogated.

On motion for leave, a bill was introduced (Originating in the Committee on the Judiciary
and reported by unanimous vote of the Committee, with the recommendation that it do pass), which
was read by its title, as follows:

H. B. 4763 - "A Bill extending the time for the city council of Dunbar to meet as a levying
body for the purpose of presenting to the voters of the city an election to continue an additional city
levy to maintain the present salaries of all employees of the paid fire and paid police departments
of the City of Dunbar and to repair and service existing police department and fire fighting
equipment and to purchase additional fire fighting and police equipment where necessary from
between the seventh and twenty-eighth days of March and the third Tuesday in April until the thirty-
first day of May, two thousand four."

Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:

Your Committee on the Judiciary has had under consideration:Com. Sub. for S. B. 596, Relating to powers and duties of board of directors of state board
of risk and insurance management,

And reports the same back with the recommendation that it do pass.

At the respective requests of Delegate Varner, and by unanimous consent, the bill (Com. Sub.
for S. B. 596) was taken up for immediate consideration, read a first time and then ordered to second
reading.

Chairman Kuhn, from the Committee on Veterans Affairs and Homeland Security, submitted
the following report, which was received:

Your Committee on Veterans Affairs and Homeland Security has had under consideration:

And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on
Finance.

At the respective requests of Delegate Varner, and by unanimous consent, the bill (S. B. 410)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.

Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:

Your Committee on Finance has had under consideration:

H. B. 4000, Budget Bill, making appropriations of public money out of the treasury in
accordance with section fifty-one, article six of the Constitution,

And reports back a committee substitute therefor, with the same title, as follows:Com. Sub. for H. B. 4000 - "A Bill making appropriations of public money out of the
treasury in accordance with section fifty-one, article VI of the constitution,"

With the recommendation that the committee substitute do pass.

At the respective requests of Delegate Varner, and by unanimous consent, the bill (Com. Sub.
for H. B. 4000) was taken up for immediate consideration, read a first time and then ordered to
second reading.

On motion for leave, a bill was introduced (Originating in the Committee on Government
Organization and reported with the recommendation that it do pass), which was read by its title, as
follows:

H. B. 4766 - "A Bill to amend and reenact §9-7-1 and §9-7-2 of the code of West Virginia,
1931, as amended; to amend and reenact §16-5P-3 and §16-5P-6 of said code; and to amend said
code by adding thereto a new article, designated §16-5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-
5, §16-5U-6, §16-5U-7 and §16-5U-8, all relating to the oversight of senior centers; providing that
the medicaid fraud unit of the department of health and human resources may investigate; requiring the commissioner of the bureau of senior services to report violations to the governor; authorizing
secretary of the department of health and human resources to investigate and audit senior centers;
establishing that senior centers are subject to governmental ethics act, open governmental meetings
act and audit requirements; and establishing criminal penalties."

At the respective requests of Delegate Varner, and by unanimous consent, the bill (H. B.
4766) was taken up for immediate consideration, read a first time and then ordered to second
reading.

Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:

Your Committee on Finance has had under consideration:S. B. 148, Creating Tax Amnesty Program of 2004,

And,

Com. Sub. for S. B. 139, Creating Tourism Development Act,

And reports the same back, with amendment, with the recommendation that they each do
pass, as amended.

Chairman Spencer, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:

Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 11th
day of March, 2004, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:

(H. B. 4108), Authorizing sun screening devices that exceed statutory limits to be used in
law-enforcement K-9 and other emergency vehicles that haul animals,

And,

(Com. Sub. for H. B. 4273), Changing the authority to appoint guardians of minors from the county commission to the family court.

Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:

Your Committee on the Judiciary has had under consideration:S. B. 566, Establishing Unborn Victims of Violence Act,

And reports the same back without recommendation as to its passage.

At the respective requests of Delegate Varner, and by unanimous consent, the bill was taken
up for immediate consideration, read a second time, and then, at the further request of the same
Gentleman, and by unanimous consent, the bill was ordered to third reading and the rule was
suspended to permit the offering and consideration of amendments on that reading.

Subsequently,

At the further request of Delegate Varner, and by unanimous consent, the bill (S. B. 566) was
then recommitted to the Committee on the Judiciary.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of
the House of Delegates as follows:

(1) 'Authorized user' means the person to whom a payment card is issued or any other person acting with the permission of the person to whom the card is issued;

(2) 'Merchant' means an owner or operator of any retail mercantile establishment or any
agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of the
owner or operator. A 'merchant' also means a person who receives from an authorized user of a
payment card, or someone the person believes to be an authorized user, a payment card or
information from a payment card, or what the person believes to be a payment card or information
from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money
or anything else of value from the person;

(3) 'Payment card' means a credit card, charge card, debit card, hotel key card, stored value
card or any other card that is issued to an authorized card user and that allows the user to obtain,
purchase or receive goods, services, money or anything else of value from a merchant;

(4) 'Reencoder' means an electronic device that places encoded information from the
magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment
card; and

(5) 'Scanning device' means a scanner, reader or any other electronic device that is used to
access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on
the magnetic strip or stripe of a payment card;

(b) Any person who uses a scanning device to access, read, obtain, memorize or store,
temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card
without the permission of the authorized user of the payment card and with the intent to defraud the
authorized user, the issuer of the authorized user's payment card or a merchant is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than two thousand five hundred
dollars or confined in a county or regional jail for not more than one year, or both.

(c) Any person who uses a reencoder to place information encoded on the magnetic strip or
stripe of a payment card onto the magnetic strip or stripe of a different card without the permission
of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card or a merchant is
guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two thousand five
hundred dollars or confined in a county or regional jail not more than one year, or both.

(d) Notwithstanding the provisions of subsections (b) and (c) of this section, any person who
is convicted of the provisions of subsection (b) or (c) of this section who has previously been
convicted of a violation of either subsection shall be guilty of a felony and, upon conviction, shall
be imprisoned in a state correctional facility for not less than one nor more than three years or fined
not more than five thousand dollars, or both."

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4104 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §61-3-56, relating to creating the crimes of scanning
device and reencoder fraud; providing definitions; and establishing criminal penalties therefor."

On motion of Delegate Varner, the House of Delegates concurred in the Senate amendments.

The bill, as amended by the Senate, was then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 514), and there were--yeas
95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Coleman, Faircloth, Ferrell, Houston and Staton.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4104) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, to take
effect from passage, a bill of the House of Delegates as follows:

On motion of Delegate Varner, the bill was taken up for immediate consideration.

The following Senate amendments were reported by the Clerk:

On page four, by striking out everything after the enacting section and inserting in lieu
thereof the following:
"ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO PROMULGATE LEGISLATIVE RULES.§64-3-1. Department of environmental protection.

(a) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (Nox budget trading program as a means of
control and reduction of nitrogen oxides from non-electric generating units, 45 CSR 1), is authorized.

(b) The legislative rule filed in the state register on the thirtieth day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (emission standards for hazardous air
pollutants pursuant to 40 CFR Part 61, 45 CSR 15), is authorized.

(c) The legislative rule filed in the state register on the thirtieth day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (standards of performance for new stationary
sources pursuant to 40 CFR Part 60, 45 CSR 16), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management' the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(d) The legislative rule filed in the state register on the twenty-ninth day of July, two
thousand three, authorized under the authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (to prevent and control air pollution from hazardous waste treatment, storage or disposal facilities, 45 CSR 25), is authorized with the
following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(e) The legislative rule filed in the state register on the thirty-first day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (emission standards for hazardous air
pollutants for source categories pursuant to 40 CFR Part 63, 45 CSR 34), is authorized with the
following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(f) The legislative rule filed in the state register on the thirtieth day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (requirements for determining conformity of
transportation plans, programs and projects developed, funded or approved under Title 23 U.S.C.
or the federal transit laws applicable air quality implementation plans (transportation conformity),
45 CSR 36), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(g) The legislative rule filed in the state register on the thirty-first day of July, two thousand
three, authorized under the authority of section four, article three, chapter twenty-two of this code,
modified by the department of environmental protection to meet the objections of the legislative rule-
making review committee and refiled in the state register on the sixteenth day of January, two thousand four, relating to the department of environmental protection (surface mining reclamation,
38 CSR 2), is authorized.

(h) The legislative rule filed in the state register on the first day of August, two thousand
three, authorized under the authority of section five, article fifteen, chapter twenty-two of this code,
modified by the department of environmental protection to meet the objections of the legislative rule-
making review committee and refiled in the state register on the second day of December, two
thousand three, relating to the department of environmental protection (solid waste management, 33
CSR 1), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(i) The legislative rule filed in the state register on the thirty-first day of July, two thousand
three, authorized under the authority of section one, article eighteen, chapter twenty-two of this code,
modified by the department of environmental protection to meet the objections of the legislative rule-
making review committee and refiled in the state register on the second day of December, two
thousand three, relating to the department of environmental protection (hazardous waste
management, 33 CSR 20), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(j) The legislative rule filed in the state register on the thirty-first day of July, two thousand
three, authorized under the authority of section four, article eleven, chapter twenty-two of this code,
modified by the department of environmental protection to meet the objections of the legislative rule-
making review committee and refiled in the state register on the twentieth day of November, two
thousand three, relating to the department of environmental protection (West Virginia NPDES rule
for coal mining facilities, 47 CSR 30), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.§64-3-2. Environmental quality board.

The legislative rule filed in the state register on the first day of August, two thousand three,
under the authority of section four, article three, chapter twenty-two-b of this code, relating to the
environmental quality board (requirements governing water quality standards, 46 CSR 1), is not
authorized.

(1) The legislative rule filed in the state register on the twenty-fifth day of June, two thousand
three, authorized under the authority of section four, article three, chapter twenty-two-b of this code,
authorized by the Legislature during the regular session of the Legislature in two thousand three,
relating to the environmental quality board (requirements governing water quality standards, 46 CSR
1), is reauthorized with the following amendments:

On page seven, section 6.2.d., after the words '(requirements for Category A waters.)', by
striking out the words 'The manganese human health criteria shall not apply where the discharge
point of the manganese is located more than five miles upstream from a known drinking water
source.' and inserting the following:

'The manganese human health criterion shall only apply within the five-mile zone
immediately upstream above a known public or private water supply used for human consumption.';

On page ten, section 7.2.a.2., after the words '(to its headwaters.)' by striking out the words
'Until September 1, 2004, the one-half mile zone described in this section shall not apply to the Ohio
River main channel (between Brown's Island and the left descending bank) between river mile points
61.0 and 63.5.' and inserting in lieu thereof the words 'Until September 1, 2010, or until action by
the Environmental Quality Board to revise this provision, whichever comes first, the one-half (½)
mile zone described in this section shall not apply to the Ohio River main channel (between Brown's
Island and the left descending bank) between river mile points 61.0 and 63.5 for the Category A criterion for iron as set forth in §8 herein. Weirton Steel Corporation shall conduct monthly
monitoring of the treated water at its drinking water plant for iron and submit the results of such
monitoring to the West Virginia Bureau for Public Health and the Office of Water Resources of the
West Virginia Department of Environmental Protection. In addition, Weirton Steel Corporation
shall submit a written report regarding the status of its drinking water plant and the issues pertaining
thereto to the Environmental Quality Board on or before March 1, 2007.';

On pages twelve and thirteen, section 7.2.d.16.2. after the words 'the following instream
criteria:' by striking the remainder of 7.2.d.16.2. and inserting in lieu thereof, the following:

'Lead 14 ug/l, Daily Maximum, Temperature 100 degree F (monitored per Footnote 12 of
the permit); Iron 4.0 mg/l, monthly average and 8.0 mg/l Daily Maximum (monitored per Footnote
12 of the permit). Weirton Steel Corporation shall continue to submit to the Office of Water
Resources of the West Virginia Department of Environmental Protection, on an annual basis
summary reports on the water quality of the discharge from Outlet 004 and the efforts made by
Weirton Steel Corporation during the previous year to improve the quality of the discharge. These
exceptions shall be in effect until action by the Environmental Quality Board to revise the exceptions
or until July 1, 2007, whichever comes first.';

On page thirteen, section 7.2.d.19. By adding a new paragraph designated 7.2.d.19.3 to read
as follows:

7.2.d.19.3. Except that in Ward Hollow of Davis Creek, the following site-specific numeric
criterion for chloride shall apply for Category A and Category B1 (chronic aquatic life
protection):310,000 ug/L.;

On page 30, APPENDIX E, TABLE 1, by striking the all the provisions of 8.2. and on page
31, by renumbering 8.2.1 as 8.2..

(2) In addition to the forgoing amendments to the rule the environmental quality board shall, in cooperation with the regulated community and the department of environmental protection,
propose for promulgation in accordance with the provisions of article three, chapter twenty-nine-a
of this code, an emergency and legislative rule on or before the first day of October, two thousand
four, to revise the aquatic life aluminum criteria."

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4193 - "A Bill to amend and reenact article 3, chapter 64 of the code
of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee; authorizing certain of the agencies
to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as amended by the Legislature;
disapproving certain legislative rules presented to the Legislature for authorization; authorizing the
department of environmental protection to promulgate a legislative rule relating to the Nox budget
trading program as a means of control and reduction of nitrogen oxides from nonelectric generating
units; authorizing the department of environmental protection to promulgate a legislative rule
relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61; authorizing
the department of environmental protection to promulgate a legislative rule relating to standards of
performance for new stationary sources pursuant to 40 CFR Part 60; authorizing the department of
environmental protection to promulgate a legislative rule relating to the prevention and control of
air pollution from hazardous waste treatment, storage or disposal facilities; authorizing the department of environmental protection to promulgate a legislative rule relating to emission
standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63; authorizing
the department of environmental protection to promulgate a legislative rule relating to requirements
for determining conformity of transportation plans, programs and projects developed, funded or
approved under Title 23 U.S.C. or the federal transit laws applicable air quality implementation plans
(transportation conformity); authorizing the department of environmental protection to promulgate
a legislative rule relating to surface mining reclamation; authorizing the department of environmental
protection to promulgate a legislative rule relating to solid waste management; authorizing the
department of environmental protection to promulgate a legislative rule relating to hazardous waste
management; authorizing the department of environmental protection to promulgate a legislative rule
relating to the West Virginia NPDES rule for coal mining facilities; authorizing the environmental
quality board to promulgate a legislative rule relating to requirements governing water quality
standards; and authorizing the environmental quality board to promulgate emergency and legislative
rules on or before the first day of October, two thousand four to revise the aquatic life aluminum
criteria."

On motion of Delegate Varner, the House of Delegates concurred in the Senate amendments
with further amendment, as follows:

On page two, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO PROMULGATE LEGISLATIVE RULES.§64-3-1. Department of environmental protection.

(a) The legislative rule filed in the state register on the twenty-ninth day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (Nox budget trading program as a means of
control and reduction of nitrogen oxides from non-electric generating units, 45 CSR 1), is authorized.

(b) The legislative rule filed in the state register on the thirtieth day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (emission standards for hazardous air
pollutants pursuant to 40 CFR Part 61, 45 CSR 15), is authorized.

(c) The legislative rule filed in the state register on the thirtieth day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (standards of performance for new stationary
sources pursuant to 40 CFR Part 60, 45 CSR 16), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management' the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(d) The legislative rule filed in the state register on the twenty-ninth day of July, two
thousand three, authorized under the authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (to prevent and control air pollution
from hazardous waste treatment, storage or disposal facilities, 45 CSR 25), is authorized with the
following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.
(e) The legislative rule filed in the state register on the thirty-first day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (emission standards for hazardous air
pollutants for source categories pursuant to 40 CFR Part 63, 45 CSR 34), is authorized with the
following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the name of the agency of reference shall be retained.

(f) The legislative rule filed in the state register on the thirtieth day of July, two thousand
three, authorized under the authority of section four, article five, chapter twenty-two of this code,
relating to the department of environmental protection (requirements for determining conformity of
transportation plans, programs and projects developed, funded or approved under Title 23 U.S.C.
or the federal transit laws applicable to air quality implementation plans (transportation conformity),
45 CSR 36), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(g) The legislative rule filed in the state register on the thirty-first day of July, two thousand
three, authorized under the authority of section four, article three, chapter twenty-two of this code,
modified by the department of environmental protection to meet the objections of the legislative rule-
making review committee and refiled in the state register on the sixteenth day of January, two
thousand four, relating to the department of environmental protection (surface mining reclamation,
38 CSR 2), is authorized.

(h) The legislative rule filed in the state register on the first day of August, two thousand
three, authorized under the authority of section five, article fifteen, chapter twenty-two of this code,
modified by the department of environmental protection to meet the objections of the legislative rule-
making review committee and refiled in the state register on the second day of December, two
thousand three, relating to the department of environmental protection (solid waste management, 33
CSR 1), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(i) The legislative rule filed in the state register on the thirty-first day of July, two thousand three, authorized under the authority of section one, article eighteen, chapter twenty-two of this code,
modified by the department of environmental protection to meet the objections of the legislative rule-
making review committee and refiled in the state register on the second day of December, two
thousand three, relating to the department of environmental protection (hazardous waste
management, 33 CSR 20), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.

(j) The legislative rule filed in the state register on the thirty-first day of July, two thousand
three, authorized under the authority of section four, article eleven, chapter twenty-two of this code,
modified by the department of environmental protection to meet the objections of the legislative rule-
making review committee and refiled in the state register on the twentieth day of November, two
thousand three, relating to the department of environmental protection (West Virginia NPDES rule
for coal mining facilities, 47 CSR 30), is authorized with the following amendment:

Wherever the rule has been amended to insert the term 'Division of Water and Waste
Management', the existing language of the rule prior to the amendment denoting a change in the
name of the agency of reference shall be retained.§64-3-2. Environmental quality board.

The legislative rule filed in the state register on the first day of August, two thousand three,
under the authority of section four, article three, chapter twenty-two-b of this code, relating to the
environmental quality board (requirements governing water quality standards, 46 CSR 1), is not
authorized.

(1) The legislative rule filed in the state register on the fourteenth day of April, two thousand
three, and effective the twenty-fifth day of June, two thousand three, authorized under the authority
of section four, article three, chapter twenty-two-b of this code, authorized by the Legislature during
the regular session of the Legislature in two thousand three, relating to the environmental quality board (requirements governing water quality standards, 46 CSR 1), is reauthorized with the
following amendments:

On page seven, section 6.2.d., after the words '(requirements for Category A waters.)', by
striking out the words 'The manganese human health criteria shall not apply where the discharge
point of the manganese is located more than five miles upstream from a known drinking water
source.' and inserting the following:

'The manganese human health criterion shall only apply within the five-mile zone
immediately upstream above a known public or private water supply used for human consumption.';

On page ten, section 7.2.a.2., after the words '(to its headwaters.)' by striking out the words
'Until September 1, 2004, the one-half mile zone described in this section shall not apply to the Ohio
River main channel (between Brown's Island and the left descending bank) between river mile points
61.0 and 63.5.' and inserting in lieu thereof the words 'Until September 1, 2010, or until action by
the Environmental Quality Board to revise this provision, whichever comes first, the one-half (½)
mile zone described in this section shall not apply to the Ohio River main channel (between Brown's
Island and the left descending bank) between river mile points 61.0 and 63.5 for the Category A
criterion for iron as set forth in §8 herein. Weirton Steel Corporation shall conduct monthly
monitoring of the treated water at its drinking water plant for iron and submit the results of such
monitoring to the West Virginia Bureau for Public Health and the Office of Water Resources of the
West Virginia Department of Environmental Protection. In addition, Weirton Steel Corporation
shall submit a written report regarding the status of its drinking water plant and the issues pertaining
thereto to the Environmental Quality Board on or before March 1, 2007.';

On pages twelve and thirteen, section 7.2.d.16.2. after the words 'the following instream
criteria:' by striking the remainder of 7.2.d.16.2. and inserting in lieu thereof, the following:

'Lead 14 ug/l, Daily Maximum, Temperature 100 degree F (monitored per Footnote 12 of
the permit); Iron 4.0 mg/l, monthly average and 8.0 mg/l Daily Maximum (monitored per Footnote
12 of the permit). Weirton Steel Corporation shall continue to submit to the Office of Water Resources of the West Virginia Department of Environmental Protection, on an annual basis
summary reports on the water quality of the discharge from Outlet 004 and the efforts made by
Weirton Steel Corporation during the previous year to improve the quality of the discharge. These
exceptions shall be in effect until action by the Environmental Quality Board to revise the exceptions
or until July 1, 2007, whichever comes first.';

On page thirteen, section 7.2.d.19. By adding a new paragraph designated 7.2.d.19.3 to read
as follows:

7.2.d.19.3. Except that in Ward Hollow of Davis Creek, the following site-specific numeric
criterion for chloride shall apply for Category A and Category B1 (chronic aquatic life
protection):310,000 ug/L.;

On page 30, APPENDIX E, TABLE 1, by striking the all the provisions of 8.2. and on page
31, by renumbering 8.2.1 as 8.2..

(2) In addition to the forgoing amendments to the rule the environmental quality board shall,
in cooperation with the regulated community and the department of environmental protection,
propose for promulgation in accordance with the provisions of article three, chapter twenty-nine-a
of this code, an emergency and legislative rule on or before the first day of October, two thousand
four, to revise the aquatic life aluminum criteria."
The bill, as amended by the Senate, and as further amended by the House of Delegates, was
then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 515), and there were--yeas
95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Coleman, Faircloth, Ferrell, Houston and Staton.

So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4193) passed.

Delegate Varner moved that the bill take effect from its passage.

On this question, the yeas and nays were taken (Roll No. 516), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Coleman, Faircloth, Ferrell, Houston and Staton.

So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4193) takes effect from its passage.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of
the House of Delegates as follows:

Com. Sub. for H. B. 4649, Providing for greater efforts for instate placement of children in
the custody of the Department of Health and Human Services.

On motion of Delegate Varner, the bill was taken up for immediate consideration.

The following Senate amendments were reported by the Clerk:

On page two, by striking out everything after the enacting clause and inserting in lieu thereof
the following:

"That §49-5D-2, §49-5D-3 and §49-5D-3a of the code of West Virginia, 1931, as amended,
be amended and reenacted, all to read as follows:ARTICLE 5D. MULTIDISCIPLINARY TEAMS.

(a) The prosecuting attorney shall establish a multidisciplinary investigative team in each
county. The multidisciplinary team shall be headed and directed by the prosecuting attorney and
shall include as permanent members the prosecuting attorney or his or her designee, a local child
protective services caseworker from the department of health and human resources, and a local law-enforcement officer employed by a law-enforcement agency in the county and, where
appropriate to the particular case under consideration and available, a child advocacy center
representative, and a representative from the licensed domestic violence program serving the county.
The department of health and human resources and any local law-enforcement agency or agencies
selected by the prosecuting attorney shall appoint their representatives to the team by submitting a
written designation of the team to the prosecuting attorney of each county within thirty days of the
prosecutor's request that the appointment be made. Within fifteen days of the appointment, the
prosecuting attorney shall notify the chief judge of each circuit within which the county is situated
of the names of the representatives so appointed. Any other person or any other appointee of an
agency who may contribute to the team's efforts to assist a minor child as may be determined by the
permanent members of the team may also be appointed as a member of the team by the prosecutor
with notification to the chief judge.

(b) Any permanent member of the multidisciplinary investigative team shall refer all cases
of accidental death of any child reported to their agency and all cases when a child dies while in the
custody of the state for investigation and review by the team. The multidisciplinary investigative
team shall meet at regular intervals at least once every calendar month.

(c) The investigative team shall be responsible for coordinating or cooperating in the initial
and ongoing investigation of all civil and criminal allegations pertinent to cases involving child
sexual assault, child sexual abuse, child abuse and neglect, and shall make a recommendation to the
county prosecuting attorney as to the initiation or commencement of a civil petition and/or criminal
prosecution.

(d) State, county and local agencies shall provide the multidisciplinary investigative team
with any information requested in writing by the team as allowable by law or upon receipt of a
certified copy of the circuit court's order directing said agencies to release information in its
possession relating to the child. The team shall assure that all information received and developed
in connection with the provisions of this article remains confidential. For purposes of this section, the term 'confidential' shall be construed in accordance with the provisions of section one, article
seven of this chapter.§49-5D-3. Multidisciplinary treatment planning process.

(a)(1) On or before the first day of January, one thousand nine hundred ninety-five, aA
multidisciplinary treatment planning process shall be established within each county of the state,
either separately or in conjunction with a contiguous county by the secretary of the department with
advice and assistance from the prosecutor's advisory council as set forth in section four, article four,
chapter seven of this code.

(2) Treatment teams shall assess, plan and implement a comprehensive, individualized
service plan for children who are victims of abuse or neglect and their families when a judicial
proceeding has been initiated involving the child or children for juveniles and their families involved
in status offense or delinquency proceedings when, in a status offense proceeding, the court refers
the juvenile for services pursuant to sections eleven and eleven-a, article five of this chapter and
when, in a delinquency proceeding, the court is considering placing the juvenile in the department's
custody or placing the juvenile out-of-home at the department's expense pursuant to the provisions
of section thirteen of said article. In any such status offense or delinquency case, the juvenile
probation officer shall notify the local office of the department of health and human resources and
the division of juvenile services at least five working days before the court proceeding in order to
allow the multidisciplinary treatment team to convene and develop a comprehensive individualized
service plan for the child: Provided, That such notice is not required in cases where the child is
already in state custody or there exist exigent circumstances which justify taking the child
immediately into custody without a judicial proceeding. In developing an individualized service plan
for a child, the team shall utilize a uniform comprehensive assessment of the child. The department
shall adopt a standard uniform comprehensive assessment instrument or protocol to be used by
treatment teams.

(3) Prior to disposition, in each case in which a treatment planning team has been convened, the team shall advise the court as to the types of services the team has determined are needed and
the type of placement, if any, which will best serve the needs of the child. If the team determines
that an out-of-home placement will best serve the needs of the child, the team shall first consider
placement at facilities or programs located within the state. The team may only recommend
placement in an out-of-state facility if it concludes, after considering the best interests and overall
needs of the child, that there are no available and suitable in-state facilities which can satisfactorily
meet the specific needs of the child.

(b) Each treatment team shall be convened and directed by the child's or family's case
manager. The treatment team shall consist of the child's custodial parent or parents, guardian or
guardians, other immediate family members, the attorney or attorneys representing the child, the
parent or parents of the child, the child's attorney, the guardian ad litem, if any, the prosecuting
attorney or his or her designee and where appropriate to the particular case under consideration and
available, a court-appointed special advocate, an appropriate school official and any other person or
an agency representative who may assist in providing recommendations for the particular needs of
the child and family. The child may participate in multidisciplinary treatment team meetings if such
is deemed appropriate by the multidisciplinary treatment team. For purposes of delinquency
proceedings, the juvenile probation officer shall be a member of the treatment team.

(c) The treatment team shall coordinate its activities and membership with local family
resource networks and coordinate with other local and regional child and family service planning
committees to assure the efficient planning and delivery of child and family services on a local and
regional level.

(d) State, county and local agencies shall provide the multidisciplinary treatment teams with
any information requested in writing by the team as allowable by law or upon receipt of a certified
copy of the circuit court's order directing said agencies to release information in its possession
relating to the child. The team shall assure that all information received and developed in connection
with the provisions of this article remain confidential. For purposes of this section, the term 'confidential' shall be construed in accordance with the provisions of section one, article seven of
this chapter.

§49-5D-3a. Recommendation of team to the court; hearing requirement; required findings.

(a) In any case in which a multidisciplinary treatment team develops an individualized service
plan for a child pursuant to the provisions of section three of this article, the court shall review the
proposed service plan to determine if implementation of the plan is in the child's best interests. If
the multidisciplinary team cannot agree on a plan or if the court determines not to adopt the team's
recommendations, it shall, upon motion or sua sponte, schedule and hold within ten days of such
determination, and prior to the entry of an order placing the child in the custody of the department
or in an out-of-home setting, a hearing to consider evidence from the team as to its rationale for the
proposed service plan. If, after a hearing held pursuant to the provisions of this section, the court
does not adopt the teams's recommended service plan, it shall make specific written findings as to
why the team's recommended service plan was not adopted.

(b) In any case in which the court decides to order the child placed in an out-of-state facility
or program it shall set forth in the order directing the placement the reasons why the child was not
placed in an in-state facility or program."

And,

By amending the title of the bill to read as follows:

Com. Sub. for H. B. 4649 - "A Bill to amend and reenact §49-5D-2, §49-5D-3 and §49-5D-
3a of the code of West Virginia, 1931, as amended, all relating to child welfare; providing for a child
advocacy center participation in multidisciplinary investigative teams; providing for uniform
comprehensive assessments of children; preference to instate placement; including in team, child,
the juvenile's attorney, appropriate school official, court-appointed special advocate when available,
and a representative from the licensed domestic violence program serving the county, when
appropriate and available; requiring team preference of in-state placement; requiring court preference
of instate placement; and requiring that reasons for out-of-state placement be in order."

On motion of Delegate Varner, the House of Delegates concurred in the Senate amendments.

The bill, as amended by the Senate, was then put upon its passage.

On the passage of the bill, the yeas and nays were taken (Roll No. 517), and there were--yeas
95, nays none, absent and not voting 5, with the absent and not voting being as follows:

Absent And Not Voting: Coleman, Faircloth, Ferrell, Houston and Staton.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4649) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.

Miscellaneous Business

Delegate Beane asked and obtained unanimous consent that the remarks of Delegate Trump
regarding the Speaker and the work of the House of Delegates be printed in the Appendix to the
Journal.

At 7:32 p.m., on motion of Delegate Varner, the House of Delegates adjourned until 10:00
a.m., Friday, March 12, 2004.